Government Gazette REPUBLIC OF SOUTH AFRICA

Transcription

1 Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 26 Cape Town 21 April 09 No. 3 THE PRESIDENCY No April 09 It is hereby notified that the President has assented to the following Act, which is hereby published for general information: No. 70 of 08: Prevention of and Treatment for Substance Abuse Act, 08. AIDS HELPLINE: Prevention is the cure

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3 4 CHAPTER 2 COMBATING OF SUBSTANCE ABUSE 3. Interventions to combat substance abuse CHAPTER 3 STRATEGIES AND PRINCIPLES FOR DEMAND AND HARM REDUCTION 4. Guiding principles for provision of services. Intersectoral strategies for reducing demand and harm caused by substance abuse 6. Development of and compliance with minimum norms and standards 7. Support for services delivered by service providers CHAPTER 4 PREVENTION AND EARLY INTERVENTION SERVICES 8. Programmes for prevention of substance abuse 9. Purpose of providing prevention programmes. Establishment and purpose of programmes for early intervention 11. Provision of prevention and early intervention services by various stakeholders CHAPTER COMMUNITY-BASED SERVICES 12. Guidelines for community-based services 13. Establishment and provision of community-based services 14. Registration of community-based services. Management structure of community based services 16. Registration of mental health practitioners providing community-based services CHAPTER 6 2 IN-PATIENT AND OUT-PATIENT SERVICES 17. Establishment and disestablishment of public treatment centre 18. Purposes for which persons are admitted to treatment centres 19. Registration and cancellation of registration of treatment centre. Establishment of public halfway house 21. Registration of private halfway house 22. Compliance with conditions for registration of treatment centre and halfway house 23. Monitoring and assessment of treatment centre and halfway house 24. Staff of public treatment centre and public halfway house 2. Appeals 26. Death, serious injury or abuse of service user or any person affected by substance abuse in treatment centre or halfway house 27. Establishment of out-patient services 28. Children abusing substances or affected by substance abuse 29. Management structure of treatment centre and halfway house 3

4 CHAPTER 7 AFTERCARE AND REINTEGRATION SERVICES. Establishment of aftercare and reintegration services 31. Support groups 6 CHAPTER 8 ADMISSION, TRANSFER AND REFERRAL TO TREATMENT CENTRE 32. Admission of voluntary service user to treatment centre 33. Admission of involuntary service user to treatment centre 34. Admission and transfer of children 3. Committal of person to treatment centre after enquiry 36. Committal of person to treatment centre after conviction 37. Court may order inquiry in terms of this Act 38. Estimation of age of person 39. Postponement of order. Temporary custody of person pending enquiry or removal to treatment centre 41. Appeal against and review of certain orders 42. Admission or transfer to treatment centre 43. Transfer of involuntary service user from and to treatment centre 44. Transfer of involuntary service user from prison, child and youth care centre, alternative care or health establishment to public treatment centre 4. Retransfer from public treatment centre to prison, child and youth care centre, alternative care or health establishment 46. Leave of absence from treatment centre 47. Involuntary service user of treatment centre may be released on licence or discharged 48. Revocation of licence 49. Admission to treatment centre of persons who are not South African citizens or permanent residents 0. Service user to have access to management and vice versa CHAPTER 9 2 DISCIPLINARY INTERVENTION AND APPEAL PROCEDURE 1. Maintenance of discipline in treatment centre, halfway house, out-patient services and community-based services 2. Method of dealing with absconder from treatment centre CHAPTER 3 CENTRAL DRUG AUTHORITY AND SUPPORTING STRUCTURES 3. Establishment and functions of Central Drug Authority 4. Executive committee. Secretariat of Central Drug Authority 6. Powers and duties of Central Drug Authority 7. Establishment of Provincial Substance Abuse Forums 8. Functions of Provincial Substance Abuse Forums 9. Executive committee of Provincial Substance Abuse Forums 60. Establishment of Local Drug Action Committees

5 8 61. Functions of Local Drug Action Committees 62. Compliance with implementation of National Drug Master Plan by various government departments, entities and stakeholders CHAPTER Offences and penalties 64. Delegation 6. Regulations 66. Repeal of laws and savings 67. Short title and commencement GENERAL PROVISIONS CHAPTER 1 DEFINITIONS AND OBJECTS OF ACT Definitions 1. In this Act, unless the context indicates otherwise abuse means the sustained or sporadic excessive use of substances and includes any use of illicit substances and the unlawful use of substances; aftercare means ongoing professional support to a service user after a formal treatment episode has ended in order to enable him or her to maintain sobriety or abstinence, personal growth and to enhance self-reliance and proper social functioning; Central Drug Authority means the Central Drug Authority established by section 3; child means a person under the age of 18 years; child and youth care centre means a child and youth care centre as defined in the Children s Act; Children s Act means the Children s Act, 0 (Act No. 38 of 0); community-based services means services provided to persons who abuse or are dependent on substances and to persons affected by substance abuse while remaining within their families and communities; Criminal Procedure Act means the Criminal Procedure Act, 1977 (Act No. 1 of 1977); Department means the Department of Social Development in the national sphere of government; detoxification means a medically supervised process by which physical withdrawal from a substance is managed through administration of individually prescribed medicines by a medical practitioner in a health establishment, including a treatment centre authorised to provide such a service under the National Health Act; Director-General means the head of the Department; halfway house means a public or private halfway house that has been established or registered to provide a sober living environment for service users who have completed a formal treatment programme for substance abuse and require a protected living environment in order to prepare them for reintegration into society; health establishment means health establishment as defined in section 1 of the National Health Act; Health Professions Act means the Health Professions Act, 1974 (Act No. 6 of 1974); HOD means a provincial head of department responsible for social development;

6 Immigration Act means the Immigration Act, 02 (Act No. 13 of 02); in-patient service means a residential treatment service provided at a treatment centre; involuntary service user means a person who has been admitted to a treatment centre upon being (a) convicted of an offence and has in addition to or in lieu of any sentence in respect of such offence been committed to a treatment centre or community based treatment service by a court; (b) committed to an in-patient treatment centre by way of a court order after such (c) court has held an enquiry; or transferred from a prison, child and youth care centre, alternative care or health establishment, for treatment of and rehabilitation for substances; local drug action committee means the committee established by the municipality to give effect to the National Drug Master Plan; magistrate includes an additional magistrate and assistant magistrate; management structure, in relation to any treatment centre and halfway house, means the management structure of such treatment centre or halfway house established in terms of section 29; MEC means the member of the Executive Council responsible for social development in the province; medical practitioner means medical practitioner as defined in section 1 of the Health Professions Act; Mental Health Care Act means the Mental Health Care Act, 02 (Act No. 17 of 02); mental health care user means mental health care user as defined in section 1 of the Mental Health Care Act; mental health practitioner, for the purposes of this Act, means a psychiatrist or registered medical practitioner or a nurse, occupational therapist, psychologist or social worker who has been trained to provide psycho-social, mental health care, treatment and rehabilitation services; Mini Drug Master Plan means the strategy by national departments, provincial substance abuse forums and local drug action committees that sets out measures to control and reduce the supply of, demand for and harm caused by substances; Minister means the member of Cabinet responsible for social development; National Drug Master Plan means the plan referred to section 3(4); National Health Act means the National Health Act, 03 (Act No. 61 of 03); out-patient service means a non-residential service provided by a treatment centre or halfway house to persons who abuse substances and to persons affected by substance abuse and which is managed for the purposes of providing a holistic treatment service; persons affected by substance abuse means any member of a family or community not abusing or dependent on substances but who requires services related to substance abuse; police official means a member of the South African Police Service as defined in section 1 of the South African Police Service Act, 199 (Act No. 68 of 199); prescribed means prescribed by regulation; private halfway house means a halfway house that is privately owned and registered to provide a sober living environment for service users who have completed a formal treatment programme for substance abuse and who require a protected living environment in order to prepare them for reintegration into society; programme means activities that give effect to the services defined in this Act; public halfway house means a halfway house that is owned and financed by the government or an organ of state to provide a sober living environment for service users who have completed a formal treatment programme for substance abuse and who require a protected living environment in order to prepare them for reintegration into society;

7 12 private treatment centre means a treatment centre that is privately owned and registered for the treatment and rehabilitation of service users who abuse or are dependent on substances; Provincial Substance Abuse Forum means the forum established in terms of section 7 by an MEC in order to give effect to the National Drug Master Plan; public treatment centre means an in-patient or out-patient treatment centre that is owned and financed by the government or an organ of state and established for the treatment and rehabilitation of service users who abuse or are dependent on substances; regulation means a regulation made in terms of section 6; rehabilitation means a process by which a service user is enabled to reach and maintain his or her own optimal physical, psychological, intellectual, mental, psychiatric or social functional levels, and includes measures to restore functions or compensate for the loss or absence of a function; services means prevention, early intervention, treatment, reintegration and after care and any other interventions ; service user means a person who is abusing or dependent on substances and who, following assessment, receives services in a treatment centre, halfway house or community based service; social auxiliary worker means a person registered and authorised in terms of the Social Service Professions Act; Social Service Professions Act means the Social Service Professions Act, 1978 (Act No. 1 of 1978); social worker means any person registered as a social worker under the Social Service Professions Act; substances means chemical, psychoactive substances that are prone to be abused, including tobacco, alcohol, over the counter drugs, prescription drugs and substances defined in the Drugs and Drug Trafficking Act, 1992 (Act No. 1 of 1992), or prescribed by the Minister after consultation with the Medicines Control Council established by section 2 of the Medicine and Related Substance Control Act, 196 (Act No. 1 of 196), and drugs in the context of this Act has a similar meaning; supply means the production and distribution of illicit substances; this Act includes any regulation; treatment means the provision of specialised social, psychological and medical services to service users and to persons affected by substance abuse with a view to addressing the social and health consequences associated therewith; treatment centre means a private or public treatment centre registered or established for the treatment and rehabilitation of service users who abuse or are dependent on substances; voluntary service user means any service user who (a) has applied for admission; (b) (c) has submitted himself or herself for admission; or is a child in respect of whom a parent or guardian has applied for such child s admission, at a treatment centre or for any other service and has been admitted to such a treatment centre for skills development, treatment of and rehabilitation for substances; vulnerable persons includes children, youth, older persons, people with disabilities and service users recovering from substance abuse; youth means youth as defined in section 1 of the National Youth Commission Act, 1996 (Act No. 19 of 1996) Objects of Act 2. The objects of this Act are to (a) combat substance abuse in a coordinated manner; (b) provide for the registration and establishment of all programmes and services, including community based services and those provided in treatment centres and halfway houses;

8 (c) (d) (e) (f) (g) 14 create conditions and procedures for the admission and release of persons to or from treatment centres; provide prevention, early intervention, treatment, reintegration and after care services to deter the onset of and mitigate the impact of substance abuse; establish a Central Drug Authority to monitor and oversee the implementation of the National Drug Master Plan; promote a collaborative approach amongst government departments and other stakeholders involved in combating substance abuse; and provide for the registration, establishment, deregistration and disestablishment of halfway houses and treatment centres. CHAPTER 2 COMBATING OF SUBSTANCE ABUSE Interventions to combat substance abuse 3. (1) The Minister and the ministers responsible for the departments and organs of state listed in section 3(2)(a) to (t), must take reasonable measures within the scope of their line functions and available resources to combat substance abuse through the development and coordination of interventions that fall into three broad categories, namely (a) demand reduction, which is concerned with services aimed at discouraging the abuse of substances by members of the public; (b) harm reduction, which for the purposes of this Act is limited to the holistic treatment of service users and their families, and mitigating the social, psychological and health impact of substance abuse; and (c) supply reduction, which refers to efforts aimed at stopping the production and distribution of illicit substances and associated crimes through law enforcement strategies as provided for in the applicable laws. (2) The ministers and organs of state contemplated in subsection (1) must adopt a multifaceted and integrated approach to enhance coordination and cooperation in the management of substance abuse and ensure the effective implementation of the National Drug Master Plan. (3) Cabinet must adopt a National Drug Master Plan, containing the national drug strategy and setting out measures to control and manage the supply of and demand for drugs in the Republic. (4) The Minister must co-ordinate the implementation of the National Drug Master Plan aimed at the combating of substance abuse. 2 3 CHAPTER 3 STRATEGIES AND PRINCIPLES FOR DEMAND AND HARM REDUCTION Guiding principles for provision of services 4. All services rendered to service users and to persons affected by substance abuse must be provided in an environment that (a) recognises the educational, social, cultural, economic and physical needs of such persons; (b) ensures and promotes access to information regarding the prevention of substance abuse; (c) promotes the prevention of exploitation of such persons; (d) promotes the respect for the person, human dignity and privacy of service users and persons affected by substance abuse; (e) prevents stigmatisation of service users; 4

9 16 (f) promotes the participation of service users and persons affected by substance abuse in decision making processes regarding their needs and requirements; (g) recognises the special needs of people with disabilities; (h) ensures that services are available and accessible to all service users, including women, children, older persons and persons with disabilities without any preference or discrimination; (i) ensures that service users are accepted as human beings in need of help and with the potential to change; (j) coordinates the educational needs of children with the relevant education department; (k) strives to render effective, efficient, relevant, prompt and sustainable services; (l) respects the confidentiality of the information relating to the treatment and rehabilitation of service users and persons affected by substance abuse; (m) respects the right of service users and persons affected by substance abuse to give written consent to participate in any research related to their treatment and rehabilitation; and (n) ensures that services are appropriate to the ages of children and youth. Intersectoral strategies for reducing demand and harm caused by substance abuse. (1) The Minister must, together with the National Youth Commission and the Ministers of Finance, Education, Health, Justice and Constitutional Development, Arts and Culture, Sports and Recreation, Local and Provincial Government, Correctional Services and Safety and Security, develop and implement comprehensive intersectoral strategies aimed at reducing the demand and harm caused by substance abuse. (2) These strategies must include four categories of services, namely (a) prevention that provides for 2 (i) measures aimed at skills development for individuals, families and communities to enable them to enjoy a better quality of life; (ii) anticipatory actions to reduce the likelihood of undesirable conditions which may expose people to substance abuse, including information, communication and education of members of the public about the risks associated with substance abuse; (iii) proactive measures targeting individuals, families and communities to avoid the abuse of substances and to prevent persons from moving into higher levels of substance abuse; and (iv) the creation of opportunities for and promotion of healthy lifestyles; 3 (b) early intervention that provides for (i) the identification of risky behaviour that is associated with and predisposes people to substance abuse; (ii) the detection of conditions such as poverty and other environmental factors that contribute to crime and the abuse of substances; (iii) diversion of service users to programmes that promote alternative lifestyles; (iv) programmes to interrupt progression of the abuse of substances, such as recreational drug use, to the higher levels of dependence through skills development and developmental socio-therapeutic interventions; and 4 (v) referral to treatment programmes, where appropriate, to reduce the social, health and economic consequences for service users; (c) treatment that provides for (i) medical interventions that address the physiological and psychiatric needs of the service user; 0 (ii) psycho-social programmes that address the relationships, emotions, feelings, attitudes, beliefs, thoughts and behaviour patterns of service users; (iii) provision of interventions that target the environmental factors in the space of the service user, including the family and community; and

10 18 (iv) the preparation of service users for reintegration into society through developmental programmes, including skills development; and (d) aftercare and reintegration that provide for (i) the integration of people who have undergone the formal treatment episode into their families and communities; (ii) individuals to be equipped with additional skills to maintain their treatment gains, sobriety and avoid relapse; (iii) the establishment of mutual support groups to enhance their self-reliance and optimal social functioning; and (iv) the link between service users and resources for their further development and well being. (3) The Minister must, after consultation with the ministers and organs of state referred to in subsection (1), develop and implement comprehensive intersectoral strategies for treatment services contemplated in subsection (2)(c). Development of and compliance with minimum norms and standards 6. (1) The Minister must, after consultation with the relevant ministers and by notice in the Gazette, prescribe minimum norms and standards (a) for programmes that give effect to prevention and early intervention services; (b) relating to the protection of children and service users in treatment centres and halfway houses; (c) for the registration and management of community-based services; (d) for the establishment, management, monitoring and assessment of halfway houses and treatment centres; (e) for the registration, monitoring and evaluation of out-patient services; and (f) for the establishment of the monitoring and evaluation of reintegration programmes and services. (2) Any treatment centre, halfway house or person that intends to manage or is managing any treatment, rehabilitation, skills development, prevention, intervention, aftercare or reintegration programmes for substance abuse must comply with the applicable minimum norms and standards contemplated in this section. (3) No person may be involved in the treatment, rehabilitation and skills development of people abusing substances or affected by substance abuse unless such person has completed an accredited training. (4) The accreditation contemplated in subsection (3) must be provided in terms of the South African Qualification Authority Act, 199 ( Act No. 8 of 199). 2 3 Support for services delivered by service providers 7. (1) The Minister may (a) from funds appropriated by Parliament for that purpose, provide financial assistance to service providers that provide services in relation to substance abuse; (b) for the purposes of paragraph (a) prioritise certain needs of and services for persons affected by substance abuse; (c) in the prescribed manner, enter into contracts with service providers to ensure that the services contemplated in paragraph (b) are provided; and (d) provide assistance to persons who establish substance abuse services. 4 (2) The Minister must (a) prescribe conditions for the receiving of financial assistance referred to in subsection (1)(a), including accounting and compliance measures; (b) prescribe remedies for failure to comply with the conditions contemplated in paragraph (a); 0 (c) establish and maintain a register of all assets bought by service providers with Government funds; and (d) prescribe conditions for the management and disposal of assets contemplated in paragraph (c).

11 (3) Service providers who procure any immovable property with the funds appropriated in terms of subsection (1) must ensure that the Registrar of Deeds makes the necessary entries in the title deed indicating the state ownership of such property. CHAPTER 4 PREVENTION AND EARLY INTERVENTION SERVICES Programmes for prevention of substance abuse 8. (1) The Minister must, in consultation with the National Youth Commission, South African Police Services and the Ministers of Education, Health, Justice and Constitutional Development, Arts and Culture, Provincial and Local Government, Correctional Services and Sports and Recreation, facilitate the establishment of integrated programmes for the prevention of substance abuse. (2) The programmes contemplated in subsection (1) may include elements which (a) address the values, perceptions, expectations and beliefs that a community associates with substances; and (b) develop the personal and social skills of people, especially children and youth, to increase their capacity to make informed and healthy choices. Purpose of providing prevention programmes 9. (1) The purpose of prevention programmes is to prevent a person from using or continuing to use substances that may lead to abuse or result in dependence. (2) Prevention programmes must focus on (a) preserving the family structure of the persons affected by substance abuse and those who are dependent on substances; (b) developing appropriate parenting skills for families at risk; (c) creating awareness and educating the public on the dangers and consequences of substance abuse; (d) engaging young people in sports, arts and recreational activities and ensuring the productive and constructive use of leisure time; (e) (f) (g) peer education programmes for youth; enabling parents and families to recognise the early warning signs with regard to substance use and equipping them with information on appropriate responses and available services; and empowering communities to understand and to be proactive in dealing with challenges related to substance abuse, and its link to crime, HIV and AIDS and other health conditions. Establishment and purpose of programmes for early intervention 2 3. (1) The Minister must, in consultation with the ministers and organs of state referred to in section 8(1) facilitate the establishment of programmes for early intervention. (2) The purpose of programmes for early intervention is to identify and treat potentially harmful substance use prior to the onset of overt symptoms associated with dependency on substances. (3) Programmes for early intervention must give effect to section 2(b). (4) Programmes for early intervention must focus on (a) identification of individuals, families and communities at risk; (b) screening for problematic substance use to facilitate early detection and 4 appropriate interventions; (c) enabling affected persons to recognise the warning signals of substance abuse and conditions related thereto; (d) providing families and communities with information to enable them to access resources and professional help; 0

12 (e) (f) (g) (h) (i) (j) 22 involving and promoting the participation of children, youth, parents and families, in identifying and seeking solutions to their problems; promoting appropriate interpersonal relationships within the family of the affected persons; promoting the well-being of the service user and the realisation of his or her full potential; sensitising users and their families about the link between substance abuse, crime, HIV and AIDS and other health conditions; promoting the diversion of children and other users away from the criminal justice system; and skills development and economic empowerment of users and persons affected by substance abuse. Provision of prevention and early intervention services by various stakeholders 11. (1) The Minister must, in consultation with the ministers and organs of state referred to in section 8(1), facilitate the establishment of the types of prevention and early intervention services and the manner in which such services must be provided in order to prevent substance abuse. (2) Prevention and early intervention services provided by an organ of state or any service provider only qualify for financial assistance in terms of section 7 if those services comply with the minimum norms and standards contemplated in section 6. (3) A service provider involved in the provision of early intervention services may not refuse to provide treatment to a person using substances if such refusal may result in serious harm to such person. CHAPTER COMMUNITY-BASED SERVICES 2 Guidelines for community-based services 12. (1) The Minister, in consultation with the National Youth Commission, South African Police Services and Ministers of Education, Arts and Culture, Health, Provincial and Local Government, Correctional Services and Sports and Recreation, must develop guidelines for the establishment of community based services. (2) The Minister, in consultation with the ministers and organs of state referred to in subsection (1), must prescribe (a) (b) national norms and standards for community based services; and the type of community-based services and the manner in which such services must be provided. (3) The MEC may, in consultation with the relevant provincial departments, develop an integrated provincial strategy for community based services. (4) The MEC may, in consultation with the members of the Executive Council responsible for Health, Education, Sports and Recreation, Safety and Security and Local Government in the province in question and from moneys appropriated by the provincial legislature for that purpose, fund community based services for the province. () Community based services rendered by non-governmental organisations may qualify for funding from money appropriated by the provincial legislature if they comply with the registration requirements contemplated in subsection (2). (6) The community based strategy must target children and youth whether in and out of school, people with disabilities, older persons, families and communities in both rural and urban areas. (7) Community structures must be involved and participate in the rendering of community based services. Establishment and provision of community-based services (1) The MEC, after consultation with the departments referred to in section 12(4) and local municipalities, must facilitate the establishment of community-based services with special emphasis on under-serviced areas.